Item 5: Ordinance on Downtown Public Safety Zones

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(b) If the person fails to appear at the time and date specified in the notice, the court may revoke or modify the variance. If the person does appear, the court shall set a time for a hearing, at which the person shall have the opportunity to show cause why the variance should not be revoked or modified. At the hearing, the city shall have the burden to prove by a preponderance of the evidence that the person violated the terms or conditions of the variance. If the court finds that the city proved by a preponderance of the evidence that the person violated the terms or conditions of the variance, the court may revoke or modify the variance. (4) Definitions. (a) Arrest. As used in this section and sections 4.874, 4.875, and 4.877, of this code, “arrest” includes taking a person under 18 years of age into custody as defined in ORS 419C.080(1)(a). (b) Essential Needs. As used in this section, "essential needs" means food, physical care and medical attention for both physical and mental conditions. (c) Travel. As used in this section and section 4.874 of this code, travel means the movement on foot or within or upon a vehicle A@ within the downtown public safety zone from one point to another without delay other than to obey traffic control devices. Section 2 . The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Passed by the City Council this Approved by the Mayor this _____ day of ___________, 2008. ______ day of _______________, 2008. _______________________________ _________________________________ City Recorder Mayor Ordinance - Page 8 of 8 S0808115-attA.doc